Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 385: Procedure where Court considers that case should not be dealt with under section 384
(1) If the Court in any case considers that a person accused of any of the offences referred to in section 384 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 384, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report.
Brief Detail
Section 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for cases where a court determines that an accused person, charged with an offence under section 384, should not be dealt with in the summary manner prescribed in that section. If the court believes that imprisonment (other than for non-payment of a fine) or a fine exceeding two hundred rupees is warranted, it can forward the case to a Magistrate with appropriate jurisdiction. The court must record the offence's details and the accused's statement before doing so. The Magistrate will then handle the case as if it originated from a police report.
What does Section 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023 address?
It addresses the procedure for cases where the court believes the accused should not be dealt with under section 384.
What can the court do if it thinks a fine exceeding two hundred rupees is necessary?
The court can forward the case to a Magistrate and require security for the accused's appearance.
What must the court do before forwarding the case to a Magistrate?
The court must record the facts constituting the offence and the statement of the accused.
How will the Magistrate treat the forwarded case?
The Magistrate will deal with the case as if it were instituted on a police report.
What happens if sufficient security is not given for the accused's appearance?
The court must forward the accused in custody to the Magistrate.
Example
- A court witnesses an offence that falls under section 384 and believes imprisonment is warranted.
- The court records the necessary details about the offence and the accused’s statement.
- It forwards the case to a Magistrate and requires security for the accused's appearance.
- If the accused fails to provide sufficient security, they are sent to the Magistrate in custody.
- The Magistrate then processes the case as if it had been initiated through a police report.
Summary
Section 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes a clear procedure for handling cases that the court believes require a more serious approach than that outlined in section 384. By forwarding such cases to a Magistrate, the section ensures that appropriate legal procedures are followed while addressing the severity of the offences involved.
